United States v. Bonnett, No. 15-10557 (9th Cir. 2017)
Annotate this CaseAn obstruction of justice enhancement under USSG 3C1.1 may be founded upon a finding of malingering. The Ninth Circuit affirmed defendant's sentence for receipt and distribution of child pornography. In this case, defendant had no legal or factual basis to challenge either the obstruction of justice or pornography distribution enhancements because defendant made no factual objections and thus there was no violation of Federal Rule of Criminal Procedure 32.
Court Description: Criminal Law. Affirming a sentence for receipt and distribution of child pornography, the panel held that malingering may support an obstruction of justice enhancement pursuant to U.S.S.G. § 3C1.1. The panel explained that without any factual objections to resolve, there was no violation of Fed. R. Crim. P. 32. The panel rejected the defendant’s challenge to an enhancement pursuant to U.S.S.G. § 2G2.2(b)(3)(B) (2015) for distribution of pornography for a “thing of value.”
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.